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Change Status From H1B to F1 and Leave Toxic Workplaces Behind
by Phil on Jul 10, 2024 1:49:33 PM
According to research published in the Hastings Law Journal in 2023, H1B workers often face harsh conditions due to their dependence on employers for visa status. This dependence can sometimes lead to exploitation and harassment, creating a stressful and unstable work environment for many skilled foreign workers. Some may even consider returning to their home country.
Changing status from H1B to F1 offers a way to escape these toxic workplaces. This change of status allows individuals to regain control over their careers and lives, providing an opportunity to pursue further education and new career paths while leaving the burdens of their previous job behind them.
Challenges Faced by H1B Workers in the Workplace
Harassment and Discrimination
H1B employees frequently face harassment and discrimination at work, particularly in the tech industry. One survey showed that at least 50% of H1B workers at numerous tech companies–including giants like Amazon, Facebook, and Uber–feel extra pressure to perform due to their visa status.
Impact on Well-Being
The stress of working under unfair conditions can significantly impact workers' well-being. Constant worries about job security can cause anxiety and mental health issues, and mistreatment from colleagues or superiors only adds to this strain. This ongoing stress can affect their personal lives, making it difficult to relax and enjoy time with family and friends.
Visa Constraints
H1B employees face stringent visa constraints that tie their stay in the U.S. directly to their employment. This dependency gives employers and supervisors immense control over their experience in the workplace. H1B workers can struggle to seek better opportunities without new sponsorship, often forcing them to stay in unsatisfactory or exploitative positions to avoid losing their visa status.
Why Change Your Status from H1B to F1?
Securing a change of status from H1B to F1 gives you the chance to participate in legal work through both Curricular Practical Training (CPT) and Optional Practical Training (OPT). CPT allows you to work while you study, helping you gain hands-on experience as you learn in the classroom.
OPT work authorization is divided into two main types: pre-completion OPT and post- completion OPT. Pre-completion OPT gives you another way to work while still in school. You can work part-time during school and full-time during breaks. This flexibility allows you to earn money, gain valuable experience, and find a good employer who values your contributions. However, the use of pre-completion OPT limits the amount of post-completion OPT you can use. As such, many students opt for CPT during their studies instead.
After you finish your degree, you can use post-completion OPT to work for up to a year. This period helps you gain more experience and ease your transition back into the workforce. Additionally, because OPT allows you to change employers or work for multiple employers at once, you have the freedom to explore different employers and find one that matches your skills and interests. The ability to change employers on OPT means you can leave a difficult job and find one that suits you better.
If your degree is in a STEM field, you can apply for a 24-month extension of your OPT. This STEM OPT extension allows you additional time to work in your field while on F1, gaining even more experience and increasing your chances of securing a job that aligns with your skills and career goals. This extended period provides ample opportunity to find the right employer and build a solid foundation for your future.
How to Change Jobs on OPT
If you secure an H1B to F1 change of status and eventually begin working on OPT, you’re free to change jobs or employers, as long as each job relates to your major. You will need to report the new job to the SEVP portal within 10 days of the job change.
If you are on STEM OPT, you can change employers, but each employer must be enrolled in E-Verify. When leaving a company, submit the I-983 to your school's international office and submit a new Form I-983 for your new employer.
When you start a new job, confirm the new employer's E-Verify enrollment and willingness to complete the I-983 form. Submit the completed form to your school's international office to update your SEVIS record and receive an updated I-20. Download, print, and sign the new I-20 in ink.
Send the updated I-20 and E-Verify proof to the USCIS through the appropriate channel. If you mailed your application, send a copy to the address on the receipt notice. Keeping your records accurate and up-to-date ensures compliance with regulations and a smooth transition between employers.
How to Change Your Status From H1B to F1
If you've decided to change your status from H1B to F1, start by applying to the master's or Ph.D. program of your choice. Please note, however, that you should not get a second master’s degree in the same major. For example, if you already have a master’s degree in computer science, you should either pursue a master’s in a related, but different, major or enroll in a doctoral program.
Once you’ve been accepted, notify your school's Designated School Official (DSO) about your plans, and they will provide you with Form I-20. Fill out and sign the student attestation section on this form to proceed.
Next, gather your acceptance letter, Form I-20, and Form I-539. Submit these along with the required fees to the USCIS. Don't forget to pay the I-901 SEVIS fee to the Department of Homeland Security and save the receipt. After submission, the USCIS will guide you through the next steps.
To complete your change of status from H1B to F1, you’ll need to provide proof of financial support, your I-94, and all I-797 notices. Include photocopies of your passport, H1B visa stamp, and other immigration documents. Provide a letter explaining your decision to return to school. Additionally, get pay stubs and employment verification from your current employer, as well as a support letter from your adviser. If you have dependents, make sure to include their documents too.
Conclusion
Remember, the primary purpose of an F1 visa is to study full-time. However, changing your status from H1B to F1 also permits you to work through the CPT and OPT programs, allowing you to leave a toxic H1B job and start anew. This new path offers a fresh beginning and the chance to find a fulfilling career.
An H1B to F1 change of status can open doors to better job prospects and the opportunity to find the right employer. By gaining valuable work experience through CPT and OPT, you have time to improve your skills and secure a fulfilling job experience in the future, leading to a more satisfying professional life.